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Registered Use as a Defense Tool in Trademark Infringement Lawsuits

Registered Use as a Defense Tool in Trademark Infringement Lawsuits

on the Protection of Trademarks was established while the Decree-Law was in force. In the property suit, if the defendant bases the disputed trademark use on a trademark registration, it required that the trademark use be accepted as a justified use, in other words, it should be accepted that the plaintiff did not violate the priority trademark rights, and this situation was an unfairly obtained one in the first place. it meant the protection of the registration. For the Court of Cassation, which has become established and legitimates the use of a trademark just because it has been registered in the Turkish trademark registry, regardless of whether it has been acquired rightly or unjustly, has risen. The rule that the use of a registered trademark will not constitute an infringement or infringement under any circumstances is no longer valid, and this amendment, which came with the SMK, has been given by the courts since January 10, 2017, without prejudicing the use of the registered trademark with precautionary injunctions. The Supreme Court's judgment, which is no longer valid, provides strict protection to unjustified trademark registrations and is a priority trademark. The rape lawsuits filed by the rights holders whose rights were violated to the unfair dismissal of the plaintiffs, whose rights were violated, in order to assert their rights against the acts of infringement. As a precondition, it was obligatory to file a lawsuit to nullify or cancel the wrongful registration. And even while the wrongful registration was in effect, it might not have been possible to compensate for the damages or the deprived gains arising from the acts committed by the wrongful party and constituting rape. The most basic criticism and complaint about this practice and practice was that unfair registration and uses that constitute rape based on unfair registration were legally protected. Article 15 of the SMK states, "The owner of the trademark, patent or design right, the previous precedent of the right or the right holders with the application date, are entitled to their industrial property rights in the infringement lawsuits. It cannot be asserted as a defense justification.” and this provision is “Registered Use” as a defense method against trademark infringement arguments; has removed its defense from being a legitimate method. In our opinion, the courts, which are clearly contradictory and in this sense , especially the FSHHM, are bad; this definitive law, which tries to get rid of a habit; Although it caused hesitation or hesitation at the point of its implementation at the beginning, it is now accepted by all segments that it is a judgment that Aside from taking action without delay against any violation of which the priority right holders whose trademark and other rights have been infringed are aware of, the infringing pa rty's objection to the publication of the trademark registration application, if any, while there is still a chance to object at the administrative stage, is in any case before the courts. should be emphasized as a precaution that will facilitate their main struggle. And it is fixed at both the law and the civil law level that the unfair trademark registrations obtained in some way or the trademark registrations used as a basis for any unfair action can no longer be used as a means of defense.</ p>